Remoteness Flashcards
1
Q
What is remoteness?
A
Remoteness is the idea that the loss sustained by C should not be too remote from the action or omission of D in order for D to be liable for that loss.
2
Q
The Test for Remoteness
A
It is not necessary that the exact injury sustained by C is foreseeable, only that the kind of injury sustained by C was foreseeable at the time D breached their duty of care, i.e a general category (physical, mental, burns, broken bones etc).
If an explosion foreseeable, does not matter that size of explosion was bigger than would have been foreseen = still foreseeable.
Thin skull rule applies. Applies even if aggravated by C’s lack of financial resources,
